Owning property is a significant milestone. You have the freedom to do what you want with your investment and make changes to increase its value or your enjoyment of it.
But when property disputes strike, they threaten to unhinge your investment and security. Ohio property dispute attorneys help untangle the sometimes complicated web of legal and factual issues when conflicts arise.
Aaron Bensinger is a reputable and fierce Ohio property dispute lawyer. Operating out of Lima, Ohio, he understands the values and laws of the communities he serves. Ohio is home to him, and he’ll do everything he can to help protect your rights to your home.
What Are the Sources of Property Disputes?
The first step in resolving a property dispute is to understand its source. Property disputes can arise in many situations, but there are common origins among many of Ohio’s landowner disagreements.
The Ohio land dispute lawyers at Bensinger Legal Services routinely help landowners like you settle disagreements. We take the time to listen to your side of the story, gather factual and legal information, and devise a plan of action accordingly.
Boundary Line Disputes
Boundary line disputes occur when landowners disagree about where the line between their properties rests. If a long line of landowners in the area buy and sell real estate based on improper boundary lines, it can cause a dispute.
Resolving the conflict may require hiring a surveyor to check the existing property lines against the chain of title. The chain of title is the written record evidencing when people bought or sold the property and who has an interest in it. For boundary disputes, you would typically look at what the deed says versus how people have been operating.
If someone uses property they don’t legally own for a long time, they may have a claim to the property, even though they didn’t pay anything. This way of acquiring an ownership interest in the property is called adverse possession.
Many legal requirements need to be met to have a valid adverse possession claim. For example, the person must occupy the property or a part thereof for at least 21 years. If there is a break in this chain, the adverse possession claim may fall apart.
Someone Encroaches on Your Property
A common dispute among neighbors is when someone builds something that either encroaches on your property or negatively impacts your ability to enjoy your property. For example, suppose your neighbor constructs a large fence that obstructs your view of the neighboring duck pond. As it turns out, a big reason you chose to purchase your house is the serene view. Now that you can’t see the pond from your back porch, it undermines the benefits of living there.
Resolving Property Disputes
Bringing property disputes to a successful resolution requires care and a trained eye. Here are common ways to settle property disputes.
Contacting an Ohio Property Dispute Lawyer
Property dispute lawyers can answer your direct questions and advise you of your rights. Articles you read online are suitable for general information, but without having a legal background, it’s hard to know if the information you found applies to you.
By contacting an attorney, you help set yourself up for success and ensure that the advice you receive pertains to your specific set of facts.
Plus, a land dispute attorney understands what phone calls to make or letters to write to help efficiently solve the conflict. They can also negotiate with the other party to reach a fair settlement. If the other party refuses to budge, an attorney can file a timely lawsuit on your behalf and fight for you in court.
Reaching an Out-of-Court Settlement
Sometimes, you can settle property disputes without going to court. Your neighbor might not understand that building a tall fence negatively impacts your enjoyment of your property. They might change their mind about the fence with some careful and compassionate conversations.
In some cases, you can call on the services of a mediator to help you and the other party work through your disagreement.
Filing a Lawsuit to Enforce Your Rights
If out-of-court negotiations fail, you may have no choice but to file a lawsuit. Consult a property dispute attorney to ensure you understand and abide by the filing deadlines. For example, Ohio law requires individuals to file a quiet title action within 21 years of when the action accrues. Exceptions could shorten or lengthen this statute of limitations for property cases. The best way to ensure you meet your deadline is to talk to an attorney.
Aaron Bensinger—The Experienced Lawyer You Need for Your Property Dispute Case
Aaron Bensinger fights for the rights of property owners in Ohio. He brings plenty of big-city experience to provide individualized legal representation for the Greater Northwest Ohio region. In 2014 and 2015, Super Lawyers recognized Aaron as a Rising Star due to his excellent service and reputation in the legal community. If you are involved in a property dispute, call Aaron today at (419) 455-1410 or contact him online to request a consultation.